The SC said that compulsory retirement is open to judicial scrutiny if the order is mala fide, arbitrary or perverse NEW DELHI: It is not punitive to hand out compulsory retirement to someone, particularly in the armed forces, whose performance is slackening over the years, the Supreme Court said Thursday while rejecting the plea of a CISF officer challenging his removal from service on the ground of poor performance.A bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar said compulsory retirement should not be seen as punitive but as a measure needed to ensure a high standard of efficiency and discipline in the force. “The object underlying compulsory retirement is to weed out the dead wood so as to maintain a high standard of efficiency and integrity in public service,” the bench said, adding such an order is “not punitive in nature”, carries no stigma and is passed in public interest on the government’s subjective satisfaction.Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelinesIt, however, said compulsory retirement is open to judicial scrutiny if the order is mala fide, arbitrary or perverse.Rejecting the officer’s plea, the bench noted his performance had declined in the two years preceding the retirement order, with gradings dropping from “Good” to “Average”. Members of disciplined forces are expected to maintain consistently high standards of efficiency, vigilance and discipline, it said.Get the latest India News and Live updates. Download the TOI app.End of ArticleFollow Us On Social MediaVideos’Cancel Exams, Take Action’: Jharkhand LoP Babulal Marandi Slams Soren Govt, Backs Student ProtestsContent Creator Ayush Rana On Jharkhand Protest Funding, Viral Videos, Dhoni’s Silence & More‘Gen Z Protesters Are Not Anti-National’: RSS’ Mohan Bhagwat Says ‘Protest Is A Way Of Dialogue’Jharkhand’s ‘Sonam Wangchuk 2.0′ Devendra Nath Mahato Enters Day 5 Of Indefinite Hunger Strike Fast’Not Enemies’: Rijiju Meets Rahul Gandhi Over Sansad Logjam, Reacts To Amit Shah Statement DemandAtiq Ahmed’s Youngest Son Abaan Dies In Jhansi Road Accident, Conflicting Accounts Emerge Over Crash‘Youth Wants CJP To Become Political Party’: Dipke, Saurav Das Announce ‘Kya Bolti Public’ CampaignBombay HC Convicts Tehelka Founder Tarun Tejpal In 2013 Sexual Assault Case; Reverses 2021 AcquittalThe Bankipur Effect: How One Bypoll Has Put BJP’s Upper-Caste Strategy Under The SpotlightSupreme Court Frees Man After 22 Years In Jail, Overturns Wrong Conviction123PhotostoriesKahaani Ghar Ghar Kii actress Tina Parekh ditched designer lehenga and lavish venue; opted for a simple wedding surrounded by family in an ashram8 traditional varieties of South Indian idlis that are perfect for breakfastRakul Preet Singh and Jackky Bhagnani look straight out of modern-day ‘Ramayan’ in regal Gopi Vaid ensembles10 trendy three-letter baby names with beautiful meaningsYour 50s could decide how many years you live without dementia: Study says controlling 3 midlife health risks may add up to 12.6 healthy brain yearsJacqueline Fernandez proves charcoal is the new black in a show-stopping Manish Malhotra ensembleNo parenting book can prepare you for this: 7 powerful lessons every parent only learns through experienceNot everything you were taught was meant to set you free: 8 beliefs every woman needs to unlearn to finally live life on her own terms5 simple ways to reheat pizza so it tastes fresh again: Which method works best and why5 subtle signs the universe is preparing you for a new beginning123Hot PicksSaurav DasDelhi rainAbhijeet DipkeRRB ALP CBT 2 answer keyTN Agriculture BudgetTASMAC OnlineAnkur WarikooUPI transactionsGold rate todayTop TrendingAkhilesh YadavNagpur Rape CaseAbhijeet DipkeTasmac Liquor Online PurchaseJPSC ProtestNagpur Rape CaseDelhi Wife MurderAkhilesh YadavTamil Nadu BudgetPraveen Nettaru Murder Case
NEW DELHI: It is not punitive to hand out compulsory retirement to someone, particularly in the armed forces, whose performance is slackening over the years, the Supreme Court said Thursday while rejecting the plea of a CISF officer challenging his removal from service on the ground of poor performance.A bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar said compulsory retirement should not be seen as punitive but as a measure needed to ensure a high standard of efficiency and discipline in the force. “The object underlying compulsory retirement is to weed out the dead wood so as to maintain a high standard of efficiency and integrity in public service,” the bench said, adding such an order is “not punitive in nature”, carries no stigma and is passed in public interest on the government’s subjective satisfaction.
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It, however, said compulsory retirement is open to judicial scrutiny if the order is mala fide, arbitrary or perverse.Rejecting the officer’s plea, the bench noted his performance had declined in the two years preceding the retirement order, with gradings dropping from “Good” to “Average”. Members of disciplined forces are expected to maintain consistently high standards of efficiency, vigilance and discipline, it said.
